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David R. Godofsky, F.S.A.

Partner


David Godofsky is the leader of the firm's Employee Benefits & Executive Compensation Group. He has a multidisciplinary practice which is unique in the United States. His ability to integrate legal analysis with cost, funding, administration and benefit design considerations is informed by his education and years of experience as an actuary and consultant. Mr. Godofsky also provides unique subject matter expertise as part of a team of litigators who have represented several major employers in cutting-edge, class action litigation and other “bet the company” litigation matters.

Mr. Godofsky is a fellow of the Society of Actuaries and has held several prestigious posts in the actuarial profession. Before joining Alston & Bird, he spent 18 years designing, implementing and administering employee benefit plans, determining costs, and helping employers control costs and get the most for their employee benefits budgets. His clients seek his advice for practical, workable solutions to complex problems, and the ability to make highly technical concepts understandable to executives, employees, judges and arbitrators.

Representative Experience

  • Represented several large public companies in benefits issues in numerous acquisitions and mergers of equals, and advised those companies on the integration of their benefits plans and executive compensation arrangements.
  • Represented a major airline in a billion-dollar class action involving pension calculations, which was settled for less than two percent of the amount claimed by the plaintiffs.
  • Represented one of the largest public companies in the United States in negotiations with the PBGC over liability under section 4062(e) of ERISA.
  • Represented a major insurance company in litigation with another insurer regarding transfer of actuarial reserves, winning a complete victory in Federal District Court.
  • Represented a publicly held media conglomerate in correction with a violation of the anti-discrimination rules under section 401(a)(4) of the Internal Revenue Code, reducing the cost of correction by more than 98 percent.
  • Drafted amendments to hundreds of non-qualified retirement plans, executive compensation arrangements and employment agreements to comply with section 409A of the Internal Revenue Code.
  • Represented a mining conglomerate in an arbitration regarding a transfer of pension assets, resulting in a transfer to our client of the entire amount in the controversy.
  • Represented a major financial institution in a dispute with federal regulators over statistical evidence of employment discrimination, settling the case for less than one percent of the amount claimed by the government.
  • Represented an actuary in an ethics investigation before the Actuarial Board for Counseling and Discipline, in which no disciplinary action was taken.
  • Represented an actuarial firm in a malpractice suit which was settled for less than one percent of the amount claimed.
  • Represented numerous public companies in VCP filings and other self corrections for qualified plans.


David R. Godofsky, F.S.A.

The Atlantic Building
950 F Street, NW
Washington, D.C. 20004-1404
Phone: 202-239-3392
Fax: 202-654-4922

Education

  • University of Virginia
    (J.D., 1982)
  • College of Insurance
    (B.S., 1979)

Admitted to Practice

  • District of Columbia
  • Tennessee
  • Missouri